C2006/2661, Transcript of Proceedings [2006] AIRCTrans 1042 (8 September 2006)

TRANSCRIPT OF PROCEEDINGS

---

Workplace Relations Act 1996 15690-1

COMMISSIONER GAY

C2006/2661

AUTOMOTIVE, FOOD, METALS, ENGINEERING, PRINTING AND KINDRED INDUSTRIES UNION
AND
TOYOTA MOTOR CORPORATION
s.170LW pre-reform Act - Appl’n for settlement of dispute (certified agreement)
(C2006/2661)

MELBOURNE

11.33AM, FRIDAY, 14 JULY 2006

Continued from 20/6/2006

PN1

MR B TERZIC: I lead the AMWU delegation here. I won't run through all the names. I'll do that in conference if you like.

PN2

MR J DYMOCK: I appear on behalf of Toyota Motor Corporation Australia today. Also appearing with me today MS H BOX and MS J ROMANO.

PN3

THE COMMISSIONER: Yes thanks Mr Dymock. All right. Yes Mr Terzic?

PN4

MR TERZIC: Commissioner, we simply apply to have this matter dealt with in a conference, conciliation conference.

PN5

THE COMMISSIONER: Yes. Yes we'll take that course and go off the record. Are you opposed to that Mr Dymock?

PN6

MR DYMOCK: That's fine Commissioner, thank you.

PN7

THE COMMISSIONER: Thank you we'll go off the record.

<SHORT ADJOURNMENT [11.34AM]
<RESUMED [1.42PM]

PN8

THE COMMISSIONER: Now the parties have had a conference initially with everyone in attendance and then a smaller group in my chambers. Yes Mr Terzic?

PN9

MR TERZIC: That's correct Commissioner and the parties have now reached an agreement that will for the time being settle the claims in this matter and I intend to read out that settlement now. It's in numbered paragraphs, paragraph number 1 reads:

PN10

Mr Brooks' employment with Toyota will continue at Port Melbourne in Mr Brooks' current capacity. Two, Toyota guarantees Mr Brooks' employment at Port Melbourne at least until the period of decommissioning. This is expected to last until the end of September 2006 but it may go on later. Three, in the meantime the AMWU presses for Toyota to transfer Mr Brooks to Altona to a trades position on day shift. Toyota will use its best endeavours to accommodate this demand. Four, AMWU delegates will make suggestions to Toyota in writing on how Mr Brooks' transfer can be effected and Toyota will respond in writing in good faith. Five, the redundancy package will remain on the table for Mr Brooks to elect to take. Six, at any rate the parties will use their best endeavours to find Mr Brooks suitable employment at Altona. Seven, liberty to apply and there's a note to this, herein best endeavours means Toyota will attempt to identify vacancies in trades, grades, positions with a preference for day shift but Toyota is not required to engage Mr Brooks in a position for which there is no vacancy or operational need.

PN11

Thank you.

PN12

THE COMMISSIONER: Yes thanks, Mr Terzic. What do you say about that, Mr Dymock?

PN13

MR DYMOCK: Thank you Commissioner. In terms of the terms and conditions of the settlement that Mr Terzic has outlined, we accept those terms and conditions as settlement of this particular matter. Obviously Commissioner should there be any further issues arising out of the enforcement of this settlement we would refer that back to you. Thank you Commissioner.

PN14

THE COMMISSIONER: Yes. Thank you. I'm going to mark the, and I didn't do this in conference Mr Terzic, your first exhibit.

EXHIBIT #AMW1 LETTER DATED 30 MAY
EXHIBIT #AMW2 LETTER STATING ACCOMMODATIONS OF EMPLOYMENT

PN15

THE COMMISSIONER: And I must say I'm appreciative of the approach adopted by the parties and it's to be hoped that the measures identified there will see the capacity to resolve this issue. I'll adjourn now to a date to be fixed.

<ADJOURNED INDEFINITELY [1.45PM]

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #AMW1 LETTER DATED 30 MAY PN14
EXHIBIT #AMW2 LETTER STATING ACCOMMODATIONS OF EMPLOYMENT PN14